Legal Question in Credit and Debt Law in Minnesota
After divorce am I still responsible for my ex's student loan if I co-signed?
My ex husband had me co-sign for a student loan while we were married. We are now divorced and the divorce decree states that he is responsible for that loan. He has not paid this loan for 2 months and the loan company keeps calling me and sending me the bills. My ex husband will not respond to any
e-mails or calls. What can I do?
2 Answers from Attorneys
Re: After divorce am I still responsible for my ex's student loan if I co-signed?
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Re: After divorce am I still responsible for my ex's student loan if I co-signed?
The answer is not simple. A student loan may be considered a marital debt if incurred during the marriage. However, ift can be argued that the person who obtained the legal ediucation should be responsible for the debt since they receive the benefit of the education and the degree. What happesn in practice will depend on the facts of your case.
Even if a court orders your spouse to pay that debt, should your spouse default, and you co-signed on the loan, the creditor may still come after you for payment. You would then have a right to sue your ex spouse for any proceeds you would have to pay out.
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